Pacific Cigarette Company secured approval from Zimbabwe’s High Court for an urgent hearing after it entered into voluntary business rescue over a $19 million tax dispute. The demand from the Zimbabwe Revenue Authority (ZIMRA) rendered Pacific insolvent, threatening the operations of the nation’s second-largest indigenous tobacco producer.
The case centers on whether the tax obligations imposed on Pacific during its corporate rescue contravene established insolvency protections or represent enforceable liabilities under Zimbabwean law.
Pacific argues that the tax demand infringes insolvency protection and so its formal request for a tax clearance certificate from ZIMRA should be granted. The authority, through its tax and revenue management system, established conditions for issuing such certificates in 2023, which Pacific asserts it complied with yet faces contested liabilities following ZIMRA’s revised taxation approach for toll manufacturers. This change saddled Pacific with the disputed tax obligations, compounded by ZIMRA’s garnishment of its bank accounts to make sure the money was paid.
Justice Gibson Mandaza recognized the urgency of Pacific’s application and directed the case to proceed. He said the draft order under challenge required adjudication on its merits, specifically concerning whether a company under corporate rescue is exempt from tax obligations. The court acknowledged that corporate rescue, a process governed by insolvency laws, aimed to enable companies to reorganize their affairs without undue liabilities and needed to be assessed on a case-by-case basis and could not be presumed at the earlier stages.
